United States v. Jose Antonio Torres-Hernandez, A.K.A. Roberto Martinez-Hernandez

BEA, Circuit Judge.

Today we decide a district court need not and may not take into account Hispanics who are ineligible for jury service to determine whether Hispanics are underrepresented on grand jury venires. To establish a prima facie violation of the Sixth Amendment’s guarantee that grand juries reflect a fair cross-section of the community, a defendant must prove in part “that the representation of [an allegedly underrepresented] group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community.” Duren v. Missouri, 439…